Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 326 contracts
Sources: Capital Securities Guarantee Agreement (Bank of America Corp /De/), Preferred Securities Guarantee Agreement (Protective Life Corp), Preferred Securities Guarantee Agreement (Protective Life Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 134 contracts
Sources: Preferred Securities Guarantee Agreement (Itla Capital Corp), Preferred Securities Guarantee Agreement (Itla Capital Corp), Preferred Securities Guarantee Agreement (S Y Bancorp Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 122 contracts
Sources: Guarantee Agreement (TCF Capital I), Guarantee Agreement (Sce Trust I), Guarantee Agreement (Sce Trust I)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 76 contracts
Sources: Capital Securities Guarantee Agreement (Household International Inc), Guarantee Agreement (Litchfield Capital Trust Ii), Preferred Securities Guarantee Agreement (Household Capital Trust Vi)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Guarantor may have or assertassert against any Person. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 70 contracts
Sources: Guarantee Agreement (Alabama Power Capital Trust Iv), Guarantee Agreement (Georgia Power Co), Guarantee Agreement (Gulf Power Capital Trust Ii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 62 contracts
Sources: Guarantee Agreement (Bb&t Capital Trust I), Guarantee Agreement (Bb&t Capital Trust I), Guarantee Agreement (State Street Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert, except the defense of payment. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 45 contracts
Sources: Guarantee Agreement (Truist Financial Corp), Guarantee Agreement (Goldman Sachs Group Inc), Guarantee Agreement (Goldman Sachs Group Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-set- off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 38 contracts
Sources: Guarantee Agreement (R&g Financial Corp), Preferred Securities Guarantee Agreement (Coastal Corp), Preferred Securities Guarantee Agreement (Great Western Financial Trust Iii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 27 contracts
Sources: Preferred Securities Guarantee Agreement, Preferred Securities Guarantee Agreement (Allstate Financing X), Preferred Securities Guarantee Agreement (Valley National Bancorp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assertassert other than the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 25 contracts
Sources: Guarantee Agreement (Boise Cascade Corp), Guarantee Agreement (Boise Cascade Corp), Guarantee Agreement (Nevada Power Co)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Guarantor may have or assertassert against any person. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 21 contracts
Sources: Guarantee Agreement (DRH Regrem Xii Lp), Guarantee Agreement (Duke Energy Capital Trust Iii), Guarantee Agreement (Semco Energy Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 21 contracts
Sources: Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii), Preferred Securities Guarantee Agreement (Prudential Financial Capital Trust Ii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer)Payments, as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 21 contracts
Sources: Capital Securities Guarantee Agreement (Capital One Capital II), Capital Securities Guarantee Agreement (Citigroup Capital Xii), Capital Securities Guarantee Agreement (Citigroup Capital Xii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 19 contracts
Sources: Guarantee Agreement (Redwood Capital Trust Ii), Guarantee Agreement (Susquehanna Bancshares Inc), Guarantee Agreement (Susquehanna Capital IV)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer)Payments, as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 17 contracts
Sources: Capital Securities Guarantee Agreement (Citigroup Inc), Capital Securities Guarantee Agreement (Citigroup Capital XXII), Capital Securities Guarantee Agreement (Citigroup Capital XXII)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders. The Guarantor shall give prompt written notice to the Guarantee Trustee in the event it makes any direct payment hereunder.
Appears in 17 contracts
Sources: Guarantee Agreement (North Fork Bancorporation Inc), Guarantee Agreement (Usb Holding Co Inc), Guarantee Agreement (Bancorp Hawaii Capital Trust I)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 16 contracts
Sources: Guarantee Agreement (Ubs Americas Inc), Guarantee Agreement (Heftel Capital Trust Ii), Guarantee Agreement (Fund American Co Inc/New)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 15 contracts
Sources: Capital Securities Guarantee Agreement (First Financial Capital Trust II), Capital Securities Guarantee Agreement (First Financial Capital Trust II), Convertible Preferred Securities Guarantee Agreement (Bridge Bancorp Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, ) regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 14 contracts
Sources: Guarantee Agreement (Ual Corp /De/), Guarantee Agreement (Ford Motor Co Capital Trust I), Guarantee Agreement (Ual Corp /De/)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), if, as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 13 contracts
Sources: Trust Preferred Securities Guarantee Agreement (Capita Preferred Trust), Trust Preferred Securities Guarantee Agreement (Uds Funding Ii Lp), Trust Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Capital Trust Iv)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders of the Outstanding Preferred Securities the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer pursuant to the Trust Agreement or by the Guarantor pursuant to the Indenture), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 12 contracts
Sources: Guarantee Agreement (Pseg Power Capital Trust V), Guarantee Agreement (Public Service Enterprise Group Inc), Guarantee Agreement (Pse&g Capital Trust Iii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), if, as and when due, regardless of any defense, right of set-off setoff or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 10 contracts
Sources: Affiliate Debenture Guarantee Agreement (Enron Preferred Funding Ii L P), Affiliate Debenture Guarantee Agreement (Enron Capital Trust I), Trust Preferred Securities Guarantee Agreement (Enron Capital Trust I)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-set- off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 10 contracts
Sources: Common Securities Guarantee Agreement (Dynegy Capital Trust Ii), Preferred Securities Guarantee Agreement (Sempra Energy Holdings), Common Securities Guarantee Agreement (Coastal Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert, except the defense of payment. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 10 contracts
Sources: Guarantee Agreement (KeyCorp Capital VIII), Guarantee Agreement (Citizens Funding Trust II), Guarantee Agreement (Comerica Capital Trust Ii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders (except to the Guarantee Payments (without duplication of amounts theretofore extent paid by the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert, the Guarantee Payments, without duplication. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 10 contracts
Sources: Preferred Securities Guarantee Agreement (Finova Finance Trust), Common Securities Guarantee Agreement (Sun Healthcare Group Inc), Preferred Securities Guarantee Agreement (Finova Finance Trust)
Guarantee. The Guarantor has unconditionally and irrevocably and unconditionally agrees guaranteed the due payment of all sums expressed to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid be payable by the Issuer), as Issuer under the Securities and when due, regardless the Coupons on a subordinated basis. Its obligations in that respect (the "Guarantee") are set out in the deed of any defense, right of set-off or counterclaim that guarantee dated the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts Issue Date and made by the Guarantor to for the Holders or by causing the Issuer to pay such amounts to benefit of the Holders.
Appears in 8 contracts
Sources: Fiscal Agency Agreement, Fiscal Agency Agreement, Fiscal Agency Agreement
Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defensedefense (except defense of payment by the Issuer), right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 8 contracts
Sources: Guarantee Agreement (First Financial Capital Trust I), Guarantee Agreement (Fulton Capital Trust IV), Guarantee Agreement (Fulton Capital Trust IV)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 8 contracts
Sources: Guarantee Agreement (Keycorp Capital Iii), Guarantee Agreement (Keycorp Capital I), Guarantee Agreement (Keycorp Capital V)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments Payments, as and when due (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 8 contracts
Sources: Partnership Preferred Securities Guarantee Agreement (Uds Funding Ii Lp), Partnership Preferred Securities Guarantee Agreement (Merrill Lynch Preferred Capital Trust Iv), Partnership Preferred Securities Guarantee Agreement (Uds Funding Ii Lp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-set off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 8 contracts
Sources: Preferred Securities Guarantee Agreement (Centurytel Inc), Preferred Securities Guarantee Agreement (Illinois Power Co), Preferred Securities Guarantee Agreement (Illinois Power Co)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee GUARANTEE Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, ) regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee GUARANTEE Payment may be satisfied by direct payment of the 15 15 required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 7 contracts
Sources: Guarantee Agreement (JPM Capital Trust Ii), Guarantee Agreement (JPM Capital Trust Ii), Guarantee Agreement (JPM Capital Trust Iv)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders of the Outstanding Preferred Securities the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer pursuant to the Declaration or by the Guarantor pursuant to the Indenture), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 7 contracts
Sources: Guarantee Agreement (Public Service Co of Colorado), Guarantee Agreement (Scottish Annuity & Life Holdings LTD), Guarantee Agreement (Nationwide Financial Services Inc/)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 7 contracts
Sources: Series B Capital Securities Guarantee Agreement (CNBF Capital Trust I), Guarantee Agreement (Partnerre LTD), Guarantee Agreement (MRH Capital Trust I)
Guarantee. The Guarantor irrevocably and unconditionally --------- agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 7 contracts
Sources: Guarantee Agreement (Sempra Energy Global Enterprises), Guarantee Agreement (Sempra Energy Global Enterprises), Guarantee Agreement (Sempra Energy Capital Trust I)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or to the Guarantee Trustee for remittance to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 7 contracts
Sources: Guarantee Agreement (Raytheon Co/), Guarantee Agreement (Cinergy Corp), Guarantee Agreement (Cc Funding Trust Ii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off set‑off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 6 contracts
Sources: Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/), Capital Securities Guarantee Agreement (Bank of America Corp /De/)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-set- off or counterclaim counter-claim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 6 contracts
Sources: Preferred Securities Guarantee Agreement (Tci Communications Financing Iv), Preferred Securities Guarantee Agreement (Tci Communications Financing Iv), Preferred Securities Guarantee Agreement (Tci Communications Financing Iv)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), ) as and when due, to the Holders of record as of the date upon which such Guarantee Payments are due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 6 contracts
Sources: Guarantee Agreement, Guarantee Agreement (Ford Motor Co), Guarantee Agreement (Ford Motor Co)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 6 contracts
Sources: Guarantee Agreement (Goldman Sachs Capital V), Guarantee Agreement (Goldman Sachs Group Inc/), Guarantee Agreement (Goldman Sachs Group Inc/)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer)Payments, as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 6 contracts
Sources: Common Securities Guarantee Agreement (Allegheny Energy Inc), Common Securities Guarantee Agreement (St Paul Capital Trust Ii), Common Securities Guarantee Agreement (Allegheny Energy Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Issuer, through the Debenture Issuer, to pay such amounts to the Holders.
Appears in 5 contracts
Sources: Guarantee Agreement (Ace Ina Holdings Inc), Common Securities Guarantee Agreement (Ace LTD), Guarantee Agreement (Ace Ina Holdings Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 5 contracts
Sources: Guarantee Agreement (Metlife Inc), Guarantee Agreement (Metlife Inc), Guarantee Agreement (Metlife Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assertassert against any Person. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 5 contracts
Sources: Preferred Securities Guarantee Agreement (Exelon Corp), Preferred Securities Guarantee Agreement (Commonwealth Edison Co), Preferred Securities Guarantee Agreement (Exelon Corp)
Guarantee. SECTION 2.1 Guarantee --------- The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-set- off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 5 contracts
Sources: Common Securities Guarantee Agreement (Tci Communications Financing Iv), Common Securities Guarantee Agreement (Tci Communications Financing Vi), Common Securities Guarantee Agreement (Tci Communications Financing Iv)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 5 contracts
Sources: Guarantee Agreement (Regions Financing Trust Ii), Guarantee Agreement (Union Planters Corp), Guarantee Agreement (Regions Financial Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore theretofor paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 5 contracts
Sources: Guarantee Agreement, Guarantee Agreement (Gastar Exploration USA, Inc.), Guarantee Agreement (Ally Financial Inc.)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off setoff or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 5 contracts
Sources: Guarantee Agreement (Hl&p Capital Trust I), Common Securities Guarantee Agreement (Lomak Petroleum Inc), Guarantee Agreement (Hl&p Capital Trust I)
Guarantee. SECTION 1 Guarantee --------- The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer)Payments, as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 5 contracts
Sources: Preferred Securities Guarantee Agreement (Commercial Credit Co), Preferred Securities Guarantee Agreement (Commercial Credit Co), Preferred Securities Guarantee Agreement (Commercial Credit Co)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert, except the defense of payment. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 5 contracts
Sources: Guarantee Agreement (First Niagara Financial Group Inc), Preferred Securities Guarantee Agreement (PartnerRe Finance B LLC), Preferred Securities Guarantee Agreement (PartnerRe Finance B LLC)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 4 contracts
Sources: Guarantee Agreement (National City Corp), Guarantee Agreement (National City Corp), Guarantee Agreement (National City Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust), if, as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 4 contracts
Sources: Trust Guarantee Agreement (Lehman Brothers Holdings E-Capital Trust I), Guarantee Agreement (Lehman Brothers Holdings Inc), Trust Guarantee Agreement (Capmark Finance Inc.)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 4 contracts
Sources: Capital Securities Guarantee Agreement (HSBC Finance Capital Trust IX), Common Securities Guarantee Agreement (Sovereign Bancorp Inc), Common Securities Guarantee Agreement (Sovereign Bancorp Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments Payments, as and when due (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off setoff or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 4 contracts
Sources: Partnership Guarantee Agreement (Enron Preferred Funding Ii L P), Partnership Guarantee Agreement (Enron Capital Trust I), Partnership Guarantee Agreement (Enron Capital Trust Ii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 4 contracts
Sources: Guarantee Agreement (Schwab Capital Trust Ii), Guarantee Agreement (Mellon Financial Corp), Guarantee Agreement (State Street Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees agrees, to the extent set forth herein, to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 4 contracts
Sources: Preferred Securities Guarantee Agreement (Fleetwood Enterprises Inc/De/), Preferred Securities Guarantee Agreement (Fleetwood Capital Trust Iii), Preferred Securities Guarantee Agreement (Fleetwood Enterprises Inc/De/)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders. The Guarantor shall notify the Guarantee Trustee of any such payment.
Appears in 4 contracts
Sources: Guarantee Agreement (Bankamerica Capital Viii), Guarantee Agreement (Covanta Capital Trust Iii), Guarantee Agreement (Idacorp Trust Iii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders and the Guarantee Trustee, the Guarantee Payments and all other amounts due under the Trust Agreement (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 4 contracts
Sources: Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Lincoln National Corp), Guarantee Agreement (Metro Capital Trust V)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when duedue (taking into account any permitted deferral thereof), regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 4 contracts
Sources: Preferred Securities Guarantee Agreement (Circus Finance Ii), Preferred Securities Guarantee Agreement (Circus Finance Ii), Preferred Securities Guarantee Agreement (Circus Finance Ii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (except to the extent paid, and without duplication of amounts theretofore paid paid, by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 4 contracts
Sources: Trust Preferred Securities Guarantee Agreement (CNF Transportation Inc), Capital Securities Guarantee Agreement (Bay View Capital I), Trust Preferred Securities Guarantee Agreement (Bay View Capital Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defensedefense (other than the defense of payment), right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 4 contracts
Sources: Common Trust Securities Guarantee Agreement (Amerus Life Holdings Inc), Common Trust Securities Guarantee Agreement (Amerus Life Holdings Inc), Guarantee Agreement (Amerus Life Holdings Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert, other than the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 4 contracts
Sources: Guarantee Agreement (Chubb Capital Trust Iii), Guarantee Agreement (Cox Communications Inc /De/), Guarantee Agreement (Chubb Capital Trust Iii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Capital Securities Guarantee Trustee for the benefit of the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Sources: Series B Capital Securities Guarantee Agreement (Webster Capital Trust Ii), Capital Securities Guarantee Agreement (Eagle Financial Corp), Series a Capital Securities Guarantee Agreement (Webster Capital Trust Ii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim counter- claim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Sources: Preferred Securities Guarantee Agreement (Noram Energy Corp), Capital Securities Guarantee Agreement (Patriot Capital Trust I), Capital Securities Guarantee Agreement (Bankboston Capital Trust Iii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assertassert other than the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Sources: Capital Securities Guarantee Agreement (First Midwest Bancorp Inc), Guarantee Agreement (Equitable of Iowa Companies), Preferred Securities Guarantee Agreement (FBL Financial Group Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.which the
Appears in 3 contracts
Sources: Guarantee Agreement (Cna Financial Capital Iii), Guarantee Agreement (Cna Financial Capital Iii), Guarantee Agreement (Cna Financial Capital Iii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full on a senior unsecured basis to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Sources: Capital Securities Guarantee Agreement (Metlife Inc), Capital Securities Guarantee Agreement (Prudential Financial Inc), Capital Securities Guarantee Agreement (Prudential Financial Inc)
Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defensedefense (except for the defense of payment by the Issuer), right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.the
Appears in 3 contracts
Sources: Guarantee Agreement (American Equity Investment Life Holding Co), Guarantee Agreement (American Equity Investment Life Holding Co), Guarantee Agreement (American Equity Investment Life Holding Co)
Guarantee. The Guarantor hereby irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Sources: Capital Securities Guarantee Agreement (Life Financial Capital Trust), Series a Capital Securities Guarantee Agreement (Imperial Capital Trust I), Capital Securities Guarantee Agreement (New York Bancorp Capital Trust)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off setoff or counterclaim that the Issuer Trust may have or assert, except the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 3 contracts
Sources: Guarantee Agreement (South Carolina Electric & Gas Co), Guarantee Agreement (Scana Corp), Guarantee Agreement (Scana Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders Guarantee Payments to the same extent as the guarantee provided to the holders of Preferred Securities under the Guarantee Payments Agreement; provided, however, that upon the occurrence and during the continuation of a Declaration Event of Default (without duplication of amounts theretofore paid by as defined in the IssuerDeclaration), as and when due, regardless holders of any defense, right of set-off or counterclaim that Preferred Securities shall have priority over the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor Holders with respect to the Holders or by causing the Issuer to pay such amounts to the HoldersGuarantee Payments.
Appears in 3 contracts
Sources: Guarantee Agreement (Fresenius Medical Care Corp), Guarantee Agreement (Fresenius Medical Care Corp), Guarantee Agreement (Superior National Insurance Group Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees agrees, to the extent set forth herein, to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Sources: Common Securities Guarantee Agreement (Fleetwood Capital Trust Iii), Common Securities Guarantee Agreement (Fleetwood Capital Trust Iii), Common Securities Guarantee Agreement (Fleetwood Enterprises Inc/De/)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 3 contracts
Sources: Guarantee Agreement (First American Financial Corp), Guarantee Agreement (Caremark Rx Inc), Guarantee Agreement (First American Financial Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assertassert other than the defense of payment (the "Guarantee"). The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Sources: Capital Securities Guarantee Agreement (Aon Corp), Capital Securities Guarantee Agreement (Aon Corp), Capital Securities Guarantee Agreement (Dominion Resources Inc /Va/)
Guarantee. The Guarantor irrevocably and unconditionally --------- agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 3 contracts
Sources: Preferred Securities Guarantee Agreement (Abc Bancorp Capital Trust I), Preferred Securities Guarantee Agreement (Ctbi Preferred Capital Trust Ii), Preferred Securities Guarantee Agreement (Abc Bancorp Capital Trust I)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 3 contracts
Sources: Preferred Securities Guarantee Agreement (Crown Media Holdings Inc), Common Securities Guarantee Agreement (Viatel Inc), Guarantee Agreement (Time Warner Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust), if, as and when due, regardless of any defense, right of set-off setoff or counterclaim that the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 3 contracts
Sources: Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Inc), Trust Preferred Securities Guarantee Agreement (Hawaiian Electric Industries Inc), Trust Preferred Securities Guarantee Agreement (Hei Preferred Funding L P)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert, other then the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Issuer, through the Note Issuer, to pay such amounts to the Holders.
Appears in 3 contracts
Sources: Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii), Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii), Preferred Securities Guarantee Agreement (Trenwick America Capital Trust Iii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert, other than the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Sources: Preferred Securities Guarantee Agreement (Countrywide Home Loans Inc), Preferred Securities Guarantee Agreement (Roslyn Bancorp Inc), Preferred Securities Guarantee Agreement (Municipal Mortgage & Equity LLC)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, defense (other than the defense of payment) right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 3 contracts
Sources: Capital Securities Guarantee Agreement (Ocwen Financial Corp), Trust Preferred Securities Guarantee Agreement (CMS Energy Corp), Guarantee Agreement (Amerus Life Holdings Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Guarantor may have or assertassert against any person. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 2 contracts
Sources: Guarantee Agreement (Alabama Power Capital Trust I), Guarantee Agreement (Alabama Power Co)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer)Payments, as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 2 contracts
Sources: Common Securities Guarantee Agreement (Travelers Capital Trust V), Common Securities Guarantee Agreement (St. Paul Travelers Capital Trust IV)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert, except the defense of payment. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 2 contracts
Sources: Guarantee Agreement (Regions Financing Trust Ii), Guarantee Agreement (Regions Financing Trust Ii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders (except to the Guarantee Payments (without duplication of amounts theretofore extent paid by the IssuerTrust or by Designer Holdings), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Trust or Designer Holdings may have or assert, the Guarantee Payments, without duplication. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 2 contracts
Sources: Preferred Securities Guarantee Agreement (Designer Holdings LTD), Preferred Securities Guarantee Agreement (Warnaco Group Inc /De/)
Guarantee. The Guarantor irrevocably and unconditionally --------- agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 2 contracts
Sources: Preferred Securities Guarantee Agreement (Torchmark Corp), Preferred Securities Guarantee Agreement (Torchmark Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer Guarantor may have or assertassert against any Person. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 2 contracts
Sources: Guarantee Agreement (Southern Energy Inc), Guarantee Agreement (Sei Trust I)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assertassert (other than the defense of payment). The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 2 contracts
Sources: Series a Capital Securities Guarantee Agreement (Interpool Inc), Series B Capital Securities Guarantee Agreement (Interpool Capital Trust)
Guarantee. The Guarantor irrevocably and unconditionally --------- agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Guarantor may have or assertassert against any person. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 2 contracts
Sources: Guarantee Agreement (Duke Capital Financing Trust Iii), Guarantee Agreement (Duke Energy Capital Trust Ii)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless or on behalf of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor pursuant to the Holders Declaration or by causing the Issuer to pay such amounts to the Holders.the
Appears in 2 contracts
Sources: Preferred Securities Guarantee Agreement (Hartford Life Capital V), Preferred Securities Guarantee Agreement (Hartford Life Capital V)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts amounts, if any, theretofore paid by the Issuer), ) as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the such required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 2 contracts
Sources: Series a Capital Securities Guarantee (K N Capital Trust One), Capital Securities Guarantee (K N Capital Trust One)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that counter-claim which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 2 contracts
Sources: Common Securities Guarantee Agreement (M&t Bank Corp), Common Securities Guarantee Agreement (Peoples Heritage Financial Group Inc)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full on a subordinated basis to the extent set forth in this Series B Capital Securities Guarantee to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 2 contracts
Sources: Capital Securities Guarantee Agreement (Markel Corp), Capital Securities Guarantee Agreement (Markel Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees with the Trustee, for the benefit of the Holders from time to time, to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 2 contracts
Sources: Preferred Securities Guarantee Agreement (Sterling Bancshares Inc), Preferred Securities Guarantee Agreement (Sterling Bancshares Inc)
Guarantee. The To the extent set forth in this Guarantee, the Guarantor irrevocably and unconditionally agrees to pay in full to the Holders of the Securities the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders of the Securities or by causing the Issuer to pay such amounts to the HoldersHolders of the Securities.
Appears in 2 contracts
Sources: Guarantee Agreement (Ucu Capital Trust I), Guarantee Agreement (Ucu Capital Trust I)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer pursuant to the Declaration or by the Guarantor pursuant to the Indenture), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders Holders, at the Guarantor's option or by causing the Issuer to pay such amounts to the Holders.
Appears in 2 contracts
Sources: Common Securities Guarantee Agreement (Baltimore Gas & Electric Co), Guarantee Agreement (Baltimore Gas & Electric Co)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the IssuerIssuer Trust), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer Trust may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer Trust to pay such amounts to the Holders.
Appears in 2 contracts
Sources: Guarantee Agreement (Keycorp Institutional Capital A), Guarantee Agreement (Keycorp Institutional Capital B)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that which the Issuer may have or assertassert other than the defense of payment. The Guarantor's obligation to make a Guarantee Payment may be satisfied satisfied, in the Guarantor's sole discretion, by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer or any other person to pay such amounts to the Holders.
Appears in 2 contracts
Sources: Parent Guarantee Agreement (KDSM Inc), Parent Guarantee Agreement (Sinclair Broadcast Group Inc)
Guarantee. (a) The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defensedefense (except defense of payment by the Issuer), right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 2 contracts
Sources: Guarantee Agreement (Vineyard National Bancorp), Guarantee Agreement (American Safety Insurance Group LTD)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by or on behalf of the Issuer), as and when due, regardless of any defense, right of set-off setoff or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 2 contracts
Sources: Convertible Preferred Securities Guarantee Agreement (Lomak Petroleum Inc), Capital Securities Guarantee Agreement (Zenith National Insurance Corp)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore theretofor paid by or on behalf of the IssuerTrust), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's ’s obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 2 contracts
Sources: Securities Purchase and Exchange Agreement, Trust Preferred Securities Guarantee Agreement (Gmac Inc.)
Guarantee. The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, to the Holders of record as of the date upon which such Guarantee Payments are due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.
Appears in 2 contracts
Sources: Preferred Securities Guarantee Agreement (Motorola Inc), Preferred Securities Guarantee Agreement (Kellogg Co)